§ 12-13-23. Bail and bail bonds — Examination for sufficiency.
(a) Following the posting of a bail bond and the justifying affidavit or affidavits or
the posting of cash bail, the court may conduct an inquiry for the purpose of determining
the reliability of the obligors or person posting cash bail, the value and sufficiency
of any security offered, and whether any feature of the undertaking contravenes public
policy; provided, that before undertaking an inquiry of a person posting cash bail,
the court, after application of the attorney general, must have had reasonable cause
to believe that the person posting cash bail is not in rightful possession of money
posted as cash bail or that the money constitutes the fruits of criminal or unlawful
conduct. The court may inquire into any matter stated or required to be stated in
the justifying affidavits, and may also inquire into other matters appropriate to
the determination, which includes, but are not limited to, the following:
(1) The background, character and reputation of any obligor, and, in the case of a professional
bondsperson, the qualifications of the surety-obligor and its executing agent;
(2) The source of any money or property delivered or agreed to be delivered by any obligor
as security, and whether any of the money or property constitutes the fruits of criminal
or unlawful conduct;
(3) The source of any money or property delivered or agreed to be delivered to any obligor
as indemnification on the bond, and whether any of the money or property constitutes
the fruits of criminal or unlawful conduct;
(4) The background, character and reputation of any person who had indemnified or agreed
to indemnify an obligor upon the bond; and whether any the indemnitor, not being approved
and registered by the superior court as a professional bondsperson, has within a period
of two (2) months prior to the indemnity transaction given indemnification or security
for the same purpose in more than two cases not arising out of the same transaction;
(5) The source of any money posted as cash bail, and whether any of the money constitutes
the fruits of criminal or unlawful conduct; and
(6) The background, character and reputation of the person posting cash bail.
(b) Upon the inquiry provided in subsection (a) of this section, the court may examine,
under oath or otherwise, the obligors and any other persons who may possess material
information. The attorney general has a right to attend the inquiry, to call witnesses,
and to examine any witness in the proceeding. The court may, upon request of the attorney
general, adjourn the proceeding for a reasonable period to allow him or her to investigate
the matter.
(c) At the conclusion of the inquiry, the court must issue an order either approving or
disapproving the bail.